Which Type of Client Will Your Family Be?

Here's the short version: Nobody wants to think about this stuff. I certainly don't. But the mortality rate for all of us is 100%. As an attorney, I can tell you that everybody grieves the loss of a loved one—that's the same for all of us. But what happens after that? That's the gift you can give your living loved ones now. Get your stuff together.

In my practice, I see two types of families after a loss. The first type comes in with a folder or a binder. They're heartbroken, sure, but they know exactly what their loved one wanted. The trust is funded, the will is clear, and they can focus on healing together. They spend their time sharing memories, not sitting in my office trying to figure out legal procedures.

Then there's the second type. They come in confused, sometimes angry, often fighting with each other. "Dad always said I'd get the house." "No, he told me I could have it." They're grieving AND dealing with courts, deadlines, and family disputes that tear them apart. I've heard it more than once: "First we lost him, then we lost each other."

The grief hits the same. The tears are just as real. But one family gets to grieve in peace while the other gets stuck in a legal nightmare that can last months or even years. Which legacy do you want to leave?

Most Tennessee families need at least a will. Many need a trust too. And yes, if you have a trust, you still need what we call a "pour-over will" to catch anything the trust misses. Let me break this down in a way that actually makes sense.

Do I Need a Trust, a Will, or Both? A Tennessee Guide for Regular Folks

Here's the short version: Most Tennessee families need at least a will. Some need a trust too. And yes, if you have a trust, you still need what we call a "pour-over will" to catch anything the trust misses. Let me break this down in a way that actually makes sense.

First, Let's Clear Up the Confusion

Think of a will like a letter you leave behind that tells the court what to do with your stuff. A trust is more like a lockbox you create while you're alive—you put your assets in it, and you decide who gets the keys and when.

A lot of folks think it's an either/or situation. It's not. They work together like a belt and suspenders—each does its job, but having both means nothing falls through the cracks.

When a Simple Will Works Just Fine

For many Tennessee families, a straightforward will may do the trick strictly speaking, but there's more that you need to know. Money is not the only consideration. One thing to understand is that while a will may be the cheaper option upfront, it winds up being more expensive in most cases because of the total cost of will preparation and then probate costs. Here's when a will alone makes sense:

You're just starting out. Maybe you're fresh out of college, renting an apartment, with a car loan and a small savings account. Your main concern is making sure someone can handle your student loans and close out your accounts.

You don't mind probate. In Tennessee, probate isn't quite the nightmare some states make it, but it's no picnic either. Even with a well-drafted will, you're looking at 6-12 months, costs around $5,000 to $8,000 for a typical estate, and that's if everything goes smoothly. For bigger estates, figure 3-5% of the total value. Your beneficiaries will be dealing with court filings, deadlines they don't understand, and trips to the lawyer's office at the worst possible time. Think about it—they're already dealing with the loss, planning the funeral, figuring out how to pay for everything, cleaning out the house, notifying everyone, handling insurance claims. The last thing anyone wants to add to that pile is sitting in a law office or courtroom trying to understand legal procedures. It's manageable, sure, but it's still thousands of dollars and months of hassle that could've been avoided.

Almost everything you own already has a beneficiary. Here's something most people don't realize: Your life insurance, 401(k), and IRA already have beneficiaries. Those bypass probate anyway. If that's basically all you've got, a will covers the leftover personal items just fine.

You truly have minimal assets. If your estate is mainly personal belongings, a checking account with a few thousand dollars, and maybe an old car, the cost of a trust might not make sense yet.

When You Should Think About Adding a Trust

Now, I generally recommend trusts because—let's face it—the mortality rate hits 100% for all of us. Having a trust forces younger people to start thinking about the not-so-fun reality that we're all on borrowed time. Plus, there are times when a trust makes a lot of sense, even in Tennessee where probate isn't terrible:

You own real property or have built up some savings. Once you've got a house, investment accounts, or even just $50,000 in assets, you're looking at real money in probate costs. With a trust, your family avoids that $5,000-$8,000 probate bill entirely. Vanderpool Law has packages that cost half that—so the trust pays for itself in what your family saves in probate and attorney fees. Not to mention you avoid all the paperwork that comes with probate.

You own property in multiple states. Got that cabin in North Carolina or investment property in Florida? Without a trust, your family might face probate in every state where you own real estate. That's when things get expensive and time-consuming.

Your family situation is... well, it's family. Maybe you've been married twice. Maybe you've got a child with special needs. Maybe you're worried your son-in-law will blow through your daughter's inheritance. A trust lets you control things from beyond the grave (in a good way). And no, you aren't a control freak because you want to make sure things get done right.

Privacy matters to you. Wills become public record during probate. Anybody can march down to the courthouse and see who got what. Trusts stay private. If you don't want the whole town knowing your business, that's worth considering.

You want to avoid the hassle for your family. Even smooth probate takes time. With a trust, your successor trustee can start handling things right away. No court dates, no waiting for a judge's signature. It's like the difference between direct deposit and waiting for a check to clear.

The Tennessee-Specific Stuff That Matters

Living in Tennessee gives you some advantages:

No state estate tax. Unlike some of our neighbors, Tennessee doesn't take a bite when you pass assets to your kids. The federal estate tax only kicks in if you're leaving behind more than $13 million (as of 2025). Most of us don't need to worry about that.

Decent probate process. Tennessee probate is relatively straightforward compared to places like California or New York. We're talking months, not years, if everything's in order.

Strong asset protection for certain trusts. Tennessee has some of the best asset protection trust laws in the country. If you're worried about lawsuits or creditors, that's worth a conversation with Vanderpool Law.

Here's What I'd Do in Your Shoes

At the very least, start with a will. Every adult in Tennessee needs one—full stop, no exceptions. Make sure it names guardians for minor kids, an executor you trust, and clearly spells out who gets what.

But honestly? If you own a home or have more than $50,000 in assets, consider getting both a will and a trust. Here's why: The trust package at Vanderpool Law costs less than what your family would spend on probate. You're basically prepaying to save them money and hassle later.

Ask yourself:

• Do I own real estate?
• Do I have kids or grandkids?
• Would I rather my family get an extra $5,000 or give it to the court system?
• When my family is dealing with losing me, do I want them stuck in a lawyer's office trying to understand legal jargon?
• Do I want my spouse or kids to have to take time off work for court appearances?
• Would I rather they get access to money right away, or wait months for a judge's approval?
• Do I want them dealing with creditor claims and public notices in the newspaper?
• When they're emotionally exhausted, do I want them having to gather documents, fill out inventories, and meet court deadlines?

If you're nodding along, a trust probably makes sense for you.

The Bottom Line

Most Tennessee families benefit from having both a will and a trust. The will handles guardianships and catches anything you forgot to put in the trust. The trust keeps your family out of court and saves them thousands in probate costs.

Think of it this way: A will is like a pickup truck. It'll handle most jobs just fine. A trust is like adding a trailer hitch and a good trailer—costs more upfront, but when you need to haul something big or complicated, you'll be glad you have it.

The worst thing you can do? Nothing. Even a simple will beats leaving your family to sort things out without any guidance. But if you're going to take the time to plan, why not set things up to save your family the most money and hassle possible?

Hope that helps clear things up. The goal isn't to sell you something you don't need—it's to make sure your family's protected and your wishes get carried out without unnecessary hassle or expense.